BILL NUMBER: AB 1782	CHAPTERED  09/13/00

	CHAPTER   425
	FILED WITH SECRETARY OF STATE   SEPTEMBER 13, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 12, 2000
	PASSED THE ASSEMBLY   AUGUST 23, 2000
	PASSED THE SENATE   AUGUST 22, 2000
	AMENDED IN SENATE   AUGUST 18, 2000
	AMENDED IN SENATE   JUNE 27, 2000
	AMENDED IN SENATE   JUNE 13, 2000
	AMENDED IN ASSEMBLY   APRIL 25, 2000
	AMENDED IN ASSEMBLY   APRIL 3, 2000

INTRODUCED BY   Assembly Member Florez

                        JANUARY 25, 2000

   An act to add Chapter 4 (commencing with Section 10610) to Part 2
of Division 5 of the Food and Agricultural Code, relating to cattle
disease control.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1782, Florez.  Cattle disease control.
   Existing law provides for the control of diseased bovines with
bovine tuberculosis and bovine brucellosis, as specified, and broadly
authorizes the State Veterinarian to order the quarantine, movement,
segregation, isolation, or destruction of animals or food products
to prevent the spread of illness to humans or other animals.
   This bill would provide that the Secretary of the Department of
Food and Agriculture may adopt regulations to control or eradicate
cattle diseases, including bovine trichomoniasis,  in specified ways.
  The bill would require the secretary to appoint  an advisory task
force made up of livestock industry representatives and university
researchers, to advise the secretary on the control and management of
cattle health diseases and evaluating the effectiveness of programs
established under the bill.  The bill would authorize the secretary
to impose fees at a level necessary to generate revenue sufficient to
offset the actual costs of any program established pursuant to the
bill, provided that these fees do not exceed the actual costs of
regulation or impair the department's animal disease surveillance,
public health, and food safety responsibilities.  The bill would
require the secretary to consult with the advisory task force prior
to the adoption of regulations or the imposition of fees.  This bill
would also authorize the secretary to establish accounts to implement
these provisions and would provide that its provisions shall not be
construed to limit or restrict the power of the State Veterinarian to
quarantine or destroy animals and food products, as specified.
Furthermore the bill would make it a misdemeanor for anyone to
willfully and knowingly violate any regulation adopted pursuant to
the bill.  The bill would also provide for the civil prosecution of,
and civil penalties for, a violation of any regulation adopted
pursuant to the bill, as specified.  By creating new crimes, this
bill would impose a state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Chapter 4 (commencing with Section 10610) is added to
Part 2 of Division 5 of the Food and Agricultural Code, to read:

      CHAPTER 4.  CATTLE DISEASE CONTROL

   10610.  (a) The Secretary of the Department of Food and
Agriculture may adopt regulations to control or eradicate cattle
diseases, including bovine trichomoniasis, in any of the following
ways:
   (1) Requiring permits before entry of, and limitations on the
importation of, cattle and other animals or materials that might act
as a cause or a vector of a disease or condition that is infectious
or contagious to cattle.
   (2) Limitations on the intrastate or interstate movement of
cattle, in compliance with any applicable federal law.
   (3) Diagnostic tests, vaccinations, treatments, or other
appropriate methods, including, but not limited to, the mandated
reporting by designated parties.
   (4) Notification of owners of cattle that have been exposed, or
may have been exposed, to infectious animals or materials.
   (5) Similar means that the secretary finds and determines are
necessary.
   (b) (1) The secretary shall appoint an advisory task force,
including, but not limited to, livestock industry representatives and
university researchers, for the purposes of advising the secretary
on the control and management of cattle health diseases and
evaluating the effectiveness of programs established pursuant to this
chapter.  The secretary shall consult with the advisory task force
prior to the adoption of regulations or the imposition of fees by the
secretary.
   (2) Members of the advisory task force, or alternate members when
acting as members, may be reimbursed, upon request, for necessary
expenses incurred by them in the performance of their duties.
   (c) (1) Any person that willfully and knowingly violates any
regulation adopted pursuant to this chapter is guilty of a
misdemeanor.
   (2) In lieu of seeking prosecution of any violation of this
chapter as a misdemeanor, the secretary may prosecute civilly, or
levy civil penalties, pursuant to Sections 9166 and 9167.
   (d) The secretary may impose fees  to offset the costs of any
program established pursuant to this section, provided that the total
fees collected do not exceed the actual costs of regulation or
impair the department's animal disease surveillance, public health,
and food safety responsibilities.
   (e) The secretary is authorized to establish accounts within the
Food and Agriculture Fund as necessary to efficiently administer the
department's responsibilities pursuant to this chapter.
   (f) Nothing in this chapter shall be construed to limit or
restrict the authority granted to the State Veterinarian in Section
9562.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
